COLLECTIVE BARGAINING AGREEMENT
THE SOUTH HARRISON TOWNSHIP BOARD OF EDUCATION
THE SOUTH HARRISON TOWNSHIP EDUCATION ASSOCIATION
July 1, 2002 through June 30, 2005
TABLE OF CONTENT
Negotiation of a Successor Agreement 2
Grievance Procedure 3
Teachers’ Rights 8
Association Rights and Privileges 9
Teacher Work Year 10
Teaching Hours and Teaching Load 11
Professional Development and Education Improvement 13
Non-Teaching Duties 15
Teacher Employment 15
Teacher Assignment 17
Home Instruction 18
Teachers’ Facilities 18
Teacher-Administration Liaison 19
Sick Leave 20
Temporary Leaves of Absence 21
Extended Leaves of Absence 23
Table of Content (continued)
Extra Responsibilities/Activities 24
Insurance Protection 26
Personal and Academic Freedom 27
Deduction From Salary 28
Miscellaneous Provisions 29
Management Rights 31
Work Continuity 32
Salary Increase Withholding 32
Lateness and Early Departure 33
Duration of Agreement 34
Signing of Agreement 34
Teacher Salary and Adjustments 35
Salary Guide 1999-2000 36
Salary Guide 2000-2001 37
Salary Guide 2001-2002 38
Grievance Forms - Appendix B 39
- 1 -
This agreement entered into this _______ day of _____________, 2002, by and between the Board of Education of South Harrison Township, New Jersey, hereinafter called the “Board”, and the South Harrison Township Education Association, hereinafter called the “Association”.
W I T N E S S E T H
WHEREAS, the Board has an obligation, pursuant to Chapters 303 and 123, Public Laws of the State of New Jersey, to negotiate with the Association as the representative of employees hereinafter designated with respect to the terms and conditions of employment, and
WHEREAS, the parties have reached certain understandings which they desire to confirm in this Agreement, be it
RESOLVED, in consideration of the following mutual covenants, it is hereby agreed as follows:
The Board hereby recognizes the Association as the exclusive and sole majority representative for collective negotiations concerning grievances and terms and conditions of employment for all permanent full-time salaried and part-time pro-rated salaried certified members of the instructional staff, but excluding the per diem substitutes, Chief School Administrator, Supervisor of Curriculum, Coordinator of the Child Study Team, and any other administrative positions that are currently approved or may be approved by the Board of Education during the duration of this agreement.
B. Definition of Teacher
Unless otherwise indicated, the term “teachers” when used hereinafter in this Agreement, shall refer to all professional employees represented by the Association in the negotiations unit as above defined, and references to male teachers shall include female teachers.
NEGOTIATION OF A SUCCESSOR AGREEMENT
A. Deadline Date
The parties agree to enter into collective negotiations over a successor agreement in accordance with Chapter 303, Public Laws of 1968, in a good faith effort to reach agreement on all matters concerning terms and conditions of teachers’ employment. Negotiations shall begin not later than specified by the regulations of the Public Employment Relations Commission of the calendar year in which this Agreement expires.
This Agreement shall not be modified in whole or in part by the parties except by an instrument in writing duly executed by both parties.
1. Grievance - A “grievance” is a claim by a teacher, or teachers, based upon the agreed intent, application, or violation of this Agreement, policies or administrative decisions affecting a teacher or group of teachers. However, only matters that are specifically designated as terms and conditions of employment may be submitted to arbitration. Any other matters not specifically designated as terms and conditions of employment shall not be deemed to be arbitrary. Failure of the aggrieved person or association to initially file the grievance within the time limits of this article or to move the grievance to any other step within the time limits herein will be conclusively deemed to be an acceptance of the action or position taken by the Board or its representatives.
2. Aggrieved Person - An “aggrieved person” is the person or persons or the Association making the claim.
3. Party in Interest - A “party in interest” is the person or persons making the claim and any person who might be required to take action or against whom action might be taken in order to resolve the claim.
The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems which may from time-to-time arise affecting teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.
1. Time Limits - Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement. In the event that school is closed, as a result of an emergency, e.g. inclement weather, or due to a holiday or other planned closing as set forth in the Board approved calendar, then the time limits as specified in this article will be enlarged by the exact number of days that school is actually closed.
Article 3.C. Grievance Procedure (continued)
Accordingly, neither party, i.e. the aggrieved person or the Board of
Education, will be prejudiced with regard to filing any paper or
providing any notice out of time, as would otherwise be required by
the time limits so specified in this article.
2. Year End Grievances - In the event a grievance is filed at such time that it cannot be processed through all the steps in this grievance procedure by the end of the school year, and, if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the time limits set forth herein may be reduced by mutual agreement between the aggrieved and the Board so that the grievance may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
3. Level One - Chief School Administrator: Verbal - A teacher who feels he or she has been aggrieved shall orally discuss the condition with the Chief School Administrator within fifteen (15) calendar days following the date upon which the incident occurred or the date which the griever knew or should have known about the incident.
4. Level Two - Chief School Administrator: Written - Should the Chief School Administrator fail to satisfy the aggrieved individual’s grievance within seven (7) calendar days after submission, then the aggrieved will submit the grievance in writing to the Chief School Administrator.
The submission of the written grievance must be within twenty-two (22) calendar days following the date upon which the incident occurred for which the individual feels aggrieved.
Upon receipt of the written grievance, the Chief School Administrator must submit to the aggrieved within seven (7) calendar days, his/her decision and the reasons, therefore, in writing.
The decision of the Chief School Administrator with respect to appeal of a grievance regarding an administrative decision shall be final and not subject to further appeal.
5. Level Three - Board - Should the Chief School Administrator’s decision be viewed unfavorable by the aggrieved individual, the aggrieved shall then forward to the President of the Board of Education and the Chief School Administrator, within seven (7) calendar days after receiving the Chief School Administrator’s written decision,
Article 3.C. Grievance Procedure (continued)
a written request for an informal hearing before the Board of Education. The request shall contain the information as set forth below in Article 3:E3, and indicate that the aggrieved individual desires an informal hearing before the Board. The President of the Board of Education shall call a meeting of the Board within thirty (30) calendar days after delivery to the Board. A regular meeting of the Board shall suffice if so deemed by the President. Matters of board policies not dealing with working conditions or matters of discipline will stop at Board level.
6. Level Four - Arbitration
a. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Three, or if no decision has been rendered within thirty-one (31) calendar days after the grievance was delivered to the Board, he/she must within seven (7) calendar days after a decision by the Board or thirty-eight (38) calendar days after the grievance was delivered to the Board, whichever is sooner, request in writing that the Association submit its grievance to arbitration. If the Association determines that the grievance is meritorious and a violation of the terms and conditions of employment, it must submit the grievance to arbitration within thirty-eight (38) calendar days after delivery of the grievance to the Board.
A request for a list of arbitrators may be made to the Public Employment Relations Commission by either party. The parties shall then be bound by the rules and procedures of the Public Employment Relations Commission in the selection of an arbitrator.
b. The arbitrator so selected shall confer with the representatives of the Board and the Association and hold hearings promptly and shall issue his/her decision not later than twenty (20) days from the date of the close of the hearings or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The arbitrator’s decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusions of the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by
Article 3.C. Grievance Procedure (continued)
law or which is violative of the terms of this Agreement. The decision of the arbitrator shall be submitted to the Board and the Association and shall be final and binding on the parties. Binding arbitration shall deal with the application and interpretation of the terms of the Agreement, and the arbitrator shall be without power otherwise to modify this Agreement.
c. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.
D. Right of Teachers to Representation
1. Teachers and Association
Any aggrieved person may be represented at all stages of the grievance procedure by himself/herself, or at his/her option, by a representative selected or approved by the Association. When a teacher is not represented by the Association, the Association shall have the right to be present and to state its views at all stages of the grievance procedure.
1. Written Decisions
a. Decisions rendered at Level One which are unsatisfactory to the Aggrieved person, and all decisions rendered at Levels Two and Three of the grievance procedure shall be in writing setting forth the decision and the reasons, therefore, and may be transmitted promptly to all parties in interest with written consent of the aggrieved person.
b. In order to ensure the time limits set forth in this article are not exceeded, all written decisions shall be sent by U.S. Mail Certified-Return Receipt Requested, addressed in accordance
Article 3.E. Grievance Procedure (continued)
with the provisions of Article 23 herein with the words GRIEVANCE DECISION printed on the lower left hand corner of the envelope. If such decision is delivered in person, the recipient shall sign and date an appropriate receipt. Decisions of the Board delivered by hand shall be delivered to any local Association officer. Hand delivered grievance correspondence from the Association shall be delivered to the Chief School Administrator or Board Secretary.
2. Disposition of Grievances
All documents, communications and records dealing with the processing of a grievance shall not be kept in the personnel file of any of the participants.
A written grievance shall include: name of the aggrieved; date filed; date cause of grievance occurred; statement of grievance; relief sought; disposition by the Chief School Administrator and position of the aggrieved and/or Association; and signed by the aggrieved person or persons. The Board and the Association have jointly devised a form to be used for written grievances. The grievance form adopted by the parties is attached as Appendix B of this Agreement.
4. Meetings and Hearings
All meetings and hearings under this procedure shall not be conducted in public and shall include all such parties in interest and their designated or selected representatives, heretofore referred to in this Article. Final action must be taken at a public Board meeting.
5. Work Continuity
The parties agree that the pending hearing or filing of any grievance will not in any way interrupt the work of the Board. Employees accept the “work now, grieve later” concept and since the decision of the arbitrator in these matters is final and binding, all work will be performed in accordance with the directive of the Board until such time as the ruling of the arbitrator is rendered.
Article 3.F. Grievance Procedure (continued)
F. General Provisions
The Board agrees that in the presentation of a grievance, there shall be no loss in pay for the time spent in presenting the grievance by the griever and one (1) Association representative and witnesses who are employees of the Board throughout the grievance procedure. However, no employee or official will be permitted to investigate or process grievances during assigned working time without the approval of the Board.
A. Rights in Representation
Pursuant to Chapter 303, Public Laws, 1968, the Board hereby agrees that every teacher shall have the right to freely organize, join and support the Association and its affiliates for the purpose of engaging in collective negotiations but not during school hours and except as set forth in Article 1A. The teachers shall have the right to refrain from such previously stated activities.
B. Statutory Savings Clause
Nothing contained herein shall be construed to deny or restrict to any teacher such rights as he/she may have under New Jersey School Laws or other applicable laws and regulations.
C. Just Cause Provision
No teacher shall be disciplined, reprimanded, reduced in rank or compensation, or given an adverse evaluation of his/her professional services without just cause. Any such action asserted by the Board, or any agent or representative thereof, is subject to the grievance procedure herein set forth. Upon a teacher’s reinstatement and clearance of any or all charges, he/she shall be reimbursed all back pay due him/her for any suspension. This provision shall not apply to the withholding of an increment based upon performance or to the non-renewal of the employment of a non-tenured teacher. Such matters shall be subject to review only by a petition to the New Jersey Commissioner of Education and are not subject to the Grievance Procedure.
Article 4.D. Teacher’s Rights (continued)
D. Required Meetings or Hearings
Whenever any teacher is required to appear before the administration or his/her designee, Board or any committee, member representative or agent thereof concerning any matter which could adversely affect the continuation of that teacher in his/her office, position or employment or the salary or any increments pertaining thereto, then he/she shall be given prior written notice of the reasons for such meeting or interview and shall be entitled to have a representative of the Association present to advise him/her during such meeting or interview.
ASSOCIATION RIGHTS AND PRIVILEGES
A. Public Information
The Association may seek out from time-to-time all public information concerning the educational program and the financial resources of the district. In addition, agendas and minutes of all Board meetings together with information which may be necessary for the Association to process any grievance or complaint shall be made available upon proper request and authorization from the party or parties involved and shall be in accordance with Board policy.
B. Use of School Building
The Association and its representatives may have the right to use the school building for meetings with prior approval of the Chief School Administrator or his/her designee. The Chief School Administrator of the building in question shall be notified in advance of the time and place of all such meetings. The Chief School Administrator will determine which area or room is to be used. All of the above conditions will be subject to availability and Board policy.
Article 5.C. Association Rights and Privileges (continued)
C. Bulletin Boards
The Association may have the exclusive use of a bulletin board in the faculty lounge, and materials to be posted shall not require approval. The Association shall also be assigned space on the bulletin board in the central office for Association notices approved by the building Chief School Administrator. The location of the Association bulletin boards in each room indicated shall be mutually agreed upon by the Association and the Chief School Administrator.
D. Mail Facilities and Mail Boxes
The Association may have the right to use the interschool mail facilities and school mail boxes. All notices pertaining to the Association shall be sealed.
E. Exclusive Rights
The rights and privileges of the Association and its representatives as set forth in this agreement shall be granted only to the Association as the exclusive majority representative of the teachers, and to no other employee organization.
TEACHER WORK YEAR
A. In-School Work Year
1. Ten (10) Month Personnel - Other than new personnel who may be required to attend an additional day of orientation, the inservice work year for teachers employed on a ten (10) month basis shall not exceed the established school calendar. Teachers shall be dismissed at the completion of their professional classroom responsibilities as determined by the administrator.
2. Definition of In-School Work Year - The in-school work year shall include days when pupils are in attendance, orientation days, and any other days which teacher attendance is required.
Article 6.A. Teacher Work Year (continued)
3. Inclement Weather - Teacher attendance shall not be required whenever student attendance is not required due to inclement weather.
4. In-School Work Year - The work year for the teacher shall consist of 185 days duration (186 effective 2003-04 school year) as follows:
180 days for pupil instruction (181 days for pupil instruction effective 2003-04 school year)
1 day for opening activities for teachers
1 day for closing activities for teachers
3 days for in-service training, workshops or other
TEACHING HOURS AND TEACHING LOAD
A. Teacher Day
Length of Day - The total school work day shall consist of seven (7) hours which include a duty-free lunch period of at least forty-five (45) minutes as guaranteed to teachers under Section C of this article. On Fridays and days preceding holidays, the teachers’ day shall end ten (10) minutes after student dismissal time.
B. Teaching Load
1. Daily - The daily teaching load in the elementary school shall not exceed six (6) hours and ten (10) minutes of pupil contact. Commencing with the 2003-04 school year the daily teaching load shall not exceed six (6) hours and twenty (20) minutes of pupil contact time.
2. Instructional Planning - Every teacher shall plan and teach course content within Board and Administrative policy. Teachers shall provide substitutes with daily, weekly, or alternate plans, as needed, unless modified for specific purpose by the Administration or any other specialist designated by the Board. Each teacher will be granted 200 minutes of instructional planning time per week effective upon ratification of this Agreement by the parties. In weeks in which there is a half day, 200 minutes of instructional planning time will not be guaranteed because on the half day the amount of instructional planning time will be reduced in accordance with the modified schedule for that day.
3. Teachers shall be given five school days from the last day of each marking period to submit grades or to process reports to the curriculum supervisor for proof reading.
Article 7.C. Teaching Hours and Teaching Load (continued)
C. Lunch Periods
1. Teachers shall have a daily duty-free lunch period of at least forty-five (45) minutes.
2. Leaving the Building - Teachers may leave the building during their lunch period if notice is first given to the CSA or his/her designee. The teacher will sign out upon leaving and sign back in upon returning, indicating the times thereof.
1. Faculty and Other - Teachers may be required to remain after the end of the regular workday, without additional compensation, for the purpose of attending faculty or other administrative related meetings three (3) days each month, except in cases of emergency involving the health and safety of students and teachers. Such meetings shall begin no later than fifteen (15) minutes after the student dismissal time and shall run for no more than forty-five (45) minutes.
2. Prior to Holidays and Weekends - Meetings which take place after the regular in-school workday and which require attendance shall not be called on Fridays or on any day immediately preceding any holiday, except in a Board or Administrator-decreed emergency, or other day upon which teacher attendance is not required at school.
3. Association Privilege to Speak - An Association representative may speak to the teachers prior to or after any meeting referred to in paragraph one (1) above for at least ten (10) minutes on the request of the representative but shall be in addition to the allotted forty-five minutes maximum meeting time.
4. Evening Meetings
a. On the days of evening parent-teacher conferences, teachers with scheduled evening conferences shall be released upon completion of the legally required minimum instructional day and shall be expected to return for the scheduled evening conferences.
Article 7.D. Teaching Hours and Teaching Load (continued)
b. All staff members are encouraged to attend all evening activities. All staff members are required to attend the Back-to-School Night and one (1) of the following other evening activities, e.g., winter concert, spring concert, graduation as directed by the Administration.
PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT
The amount of reimbursement shall be at the prevailing credit tuition rate at a state college. Applications for reimbursement must be made by October 1st of the school year for courses completed after February 1st of the previous school year. Applications must be made by March 1st for the courses completed after September 1st of the current school year. The total amount of reimbursement for all teachers will not exceed:
$12,000 for the year 2002-03;
$12,000 for the year 2003-04;
$12,000 for the year 2004-05;
The teacher must be employed in the district at the time the reimbursement is submitted. If a teacher is not rehired by the district, the Board of Education will pay the tuition cost. If the teacher chooses to leave the district, said teacher will not be paid tuition cost.
A teacher receiving tuition reimbursement for a course taken within one (1) year of a teacher’s departure from the district shall reimburse the district for 100% of the tuition reimbursement for the course taken. If departure occurs in the second year after the course is taken, the teacher shall reimburse the district 50% of the tuition reimbursement for the course taken. Reimbursement to the district is not required if the teacher’s departure is the result of death or disability of the teacher’s spouse or an employment transfer of the teacher’s spouse out of state.
No reimbursement will be paid unless the teacher has received the prior approval of the Chief School Administrator and the Board. This approval must be obtained by the teacher prior to enrollment in the course. The Chief School
Administrator and the Board retain the right, at their discretion, to approve or deny any course submitted for reimbursement. Any disapproval of courses is not appealable to the grievance procedure of this Agreement.
Article 8.C. Professional Development and Educational Improvement (continued)
If, after receiving approval the teacher finds that his/her approved course has been canceled or closed by an act of the higher educational institution applied to for admission, then the teacher so affected may immediately reapply in writing to the Chief School Administrator for any other courses offered by an approved higher educational institution. The re-application will be considered in exactly the same manner as the original application, except that the process may be expedited by the Chief School Administrator in order to assist the teacher to receive a review for reapplication promptly.
Payment will be made on the first pay period in October and March contingent upon the receipt of official transcript showing passing grade and presentation of proper receipts. Reimbursement will be as follows:
1. Graduate Level
a. “A” or “B” grade course: 100% as in Paragraph A.
1st Course- 100% (excluding books)
2nd Course- 75% (excluding books)
3rd (Or More)-50% (excluding books)
b. No payment shall be made for a “C” grade.
2. Undergraduate Level
a. “A” or “B” grade: 100% as in Paragraph A.
b. No payment shall be made for “C” grade.
c. If a professor is only issuing a “Pass/Fail” grade, then the Board will recognize the “Pass” grade for:
1st Course- 100% (excluding books)
2nd Course- 75% (excluding books)
3rd (Or More)-50% (excluding books)
List of Non-Teaching Duties
Teachers shall not perform the following non-teaching duties:
1. Collection of lunch and milk money.
2. Keeping official register.
3. Recording of biographical information on official student file folder.
4. Custodial duties as enumerated below:
b. Cleaning floors, lavatories, windows
c. Maintenance of building and equipment, furniture and grounds
5. Supervision of sick students except in cases of emergency as determined by the Administration (excluding the school nurse).
6. Teachers shall not be assigned cafeteria or playground duties.
A. Establishment of Salary
1. Adjustment to Salary - Any teacher employed prior to January 1st of any school year will be given full credit for one (1) year of service when calculating salary increases.
2. Credit for Experience - Anyone holding a valid teaching certificate may be given credit up to the number of years of experience the teacher brings to the district for previous outside teaching experience in an accredited school upon initial employment in accordance with the provisions of Appendix A.
Article 10.A. Teacher Employment (continued)
Previous experience must be within the last ten (10) years prior to employment by the district. Credit not to exceed four (4) years for military experience or alternative civilian service required by the Selective Service System, shall be given upon initial employment.
B. Returning to District
A teacher with previous teaching experience in South Harrison Township School District shall upon returning to the system receive full credit for salary adjustment for all outside teaching experience, military experience, or alternative civilian service required by the Selective Service System. Such teachers who have not been engaged in other teaching or other activities indicated above shall, upon returning to the system, be restored to the next adjustment above that at which they left. With the exception of induction by the Selective Service System, positions for returning teachers will depend on the availability of openings in the district.
C. Previous Sick Leave Accumulation
Previously accumulated unused sick leave days shall be restored to all teachers returning to South Harrison Township.
D. Notification of Contract and Salary
1. Non-tenured teachers shall be notified in writing of their contract and salary status for the ensuing year no later than the date required by law.
The salary guides covered by this Agreement are set forth in Appendix A which shall be mutually agreed upon by both parties and made a part of this Agreement.
Article 11.B. Salaries (continued)
B. Method of Payment
1. Ten (10) Month - Each teacher employed on a ten (10) month basis shall be paid in twenty (20) equal semi-monthly installments.
2. Summer Pay Plan - The Association shall take full responsibility for the maintenance and operation of the Summer Pay Plan. The Board agrees to deduct ten percent (10%) from participating teachers’ salary under the following conditions:
a. The Association shall designate a receiving agent for the plan to the Board Secretary on the first school day in September.
b. Authorization notices for participants in the plan shall be given to the Board Secretary on or before the last calendar day of each month for the following month’s deductions. EXCEPTION: September’s authorization must be given by the end of the first school week.
c. Authorization forms will be mutually agreed upon by the Association and the Board.
d. The Association agrees to protect the Board and save the Board harmless from any and all liability arising out of the Board’s responsibilities under this article once the Board of Education has submitted any monies it deducts under this article to the Association.
3. Exceptions - When a pay day falls on or during a school holiday, vacation or week-end, teachers shall receive their pay checks on the last previous working day.
Notification of Assignment - The Board shall endeavor to establish subject, class, building and room assignment before the school term ends and shall notify all personnel.
The Administration in its sole and complete discretion shall determine the qualifications for appointment to home instruction positions. If, at the discretion of the Administration, a home instruction vacancy exists, it shall be posted and if at the determination of the Administration a member of the bargaining unit is completely qualified to fill such a position, the bargaining unit member shall be offered the position. The exercise of administrative discretion shall not be subject to the grievance procedure.
Compensation for said home instruction shall be $25.00 per hour plus mileage station-to-station as per Article 26.
A. Listing of Facilities
1. All rooms which are used for purposes of instruction should be kept at reasonable temperature year round. The Administration maintains the right to institute emergency closing when conditions deem necessary (e.g.; lost of heat, electricity, excessive heat).
2. A teacher’s work area containing equipment and supplies to aid in the preparation of instructional material.
3. A room which shall be reserved for the use of the staff as a lounge and dining area. Although, the staff shall be expected to exercise care in maintaining the appearance and cleanliness of said lounge, it shall be regularly cleaned by the school’s custodial staff.
4. A desk and chair for the exclusive use of each teacher.
Article 14.A. Teacher’s Facilities (continued)
5. The Board will make every reasonable effort to secure books, copies of texts, paper, pencils, pen, chalk, chalk boards, erasers, dictionaries, and other such material required in daily teaching responsibility. Space for each teacher within each instructional area in which he/she teaches to store his/her instructional materials and supplies.
6. Well-lighted and clean teachers’ rest rooms, separate from students’ rest rooms.
Each teacher will be furnished with a key to their assigned classroom. Employees lounge and teachers’ work areas shall be opened during regular working hours.
A. Building Level Faculty Council
1. Organization - Representatives of the Association shall meet with the Chief School Administrator at least once a month during the school year. Areas for consideration shall include but not be limited to school building level decisions regarding administration of this Agreement and the revision and development of building policies and practices.
B. Meetings with Board
The Association’s representatives may request a meeting with a committee of the Board and Chief School Administrator not more than once a month during the school year to review and discuss current school problems and practices and the administration of this Agreement which could not be resolved on Association/Chief School Administrator level.
All teachers employed shall be entitled to sick leave days each school year as of the first official day of said year whether or not they report for duty on that day. Unused sick leave days shall be accumulated from year-to-year with no maximum limit. The number of said days shall be the following:
YEARS OF SERVICE IN
SOUTH HARRISON TOWNSHIP NUMBER OF DAYS
One (1) to five (5) ten (10)
Six (6) or more eleven (11)
The eleventh sick leave day will be eligible for use at the beginning of the sixth year of service and shall be accumulative.
B. Medical Certificates
The Board of Education shall have the right to require of any teacher the furnishing of a medical certificate for any absence of three (3) or more consecutive school days. The certificate, if requested by the Board, shall be delivered to the Administration within forty-eight (48) hours (excluding weekends or holidays) of the teacher being advised that the certificate is being requested. If the certificate is not so delivered, compensation for the days of absence will not be paid.
Beginning with the second year of service in this district, after the depletion of accumulated sick leave days, a teacher may, at the discretion of the Board, be granted additional days with pay, less substitute’s salary.
D. Notification of Accumulation
Teachers shall be given a written accounting of the accumulated leave days, no later than, September 15th of each school year.
Article 16.E. Sick Leave (continued)
Any teacher retiring with at least 18 years in the district shall receive a retirement bonus which shall be computed at the rate of 40% per diem for each day of unused accumulated sick leave, not to exceed $12,000. Notification of said legally executed retirement shall be submitted no later than six months prior to the intended retirement date. If an employee should die prior to receiving his/her bonus, after proper papers have been filed, said bonus shall be paid to his/her heirs or estate.
TEMPORARY LEAVES OF ABSENCE
A. Types of Leave
Teachers shall be entitled to the following non-accumulative leaves of absence with pay each school year:
1. Personal - Each teacher may utilize up to three (3) work days per year (up to four (4) days per year effective 2003-04 school year) for personal business reasons and shall not be required to state a specific reason for requesting same, except in (b) below:
a. The Administration must be notified on appropriate district form, forty-eight (48) hours in advance of said leave.
b. If the Administration is not notified forty-eight (48) hours prior to said leave, then the leave may be taken only if an emergency exists that has been explained to the Administration.
c. No more than one (1) teacher in the district may take personal business leave on any given day unless approved by the Administration.
d. No personal business day may be utilized to extend a holiday or vacation period.
e. The personal days leave enumerated above must be utilized before any other temporary leave may be applied for by an employee.
Article 17.A. Temporary Leaves of Absence (continued)
f. A personal leave day is intended to be used only for those matters which a teacher cannot attend to during non-school hours and shall only be utilized in full day increments. The application form on which the teacher requests a personal day leave shall contain an affirmation to be signed by the teacher, to such effect.
g. Personal leave days cannot be used on consecutive school days, unless the Administration specifically approves same. If the request is denied, such decision and the rationale behind such decision can be brought to arbitration. The loser of such arbitration, if one is brought, shall pay all costs in connection with the grievance.
h. Upon receiving tenure, all unused personal leave days shall be credited to the teacher’s sick leave accumulation.
2. Legal - Teachers who are required to perform jury duty will be compensated their salary while performing said jury duty. No leave for legal business will be approved if the legal action is instigated against a teacher by the Board, or if the legal action is a criminal proceeding connected with the teacher’s employment.
3. Bereavement - In the event of the death of a member of the teacher’s family (parent, child or spouse), up to five (5) days shall be granted. Teachers shall be granted three (3) days for the death of a grandparent, grandchild, siblings, person for whom the teacher has a custodial/caregiver obligation or in-laws. Teachers shall be granted one (1) day per year in the event of death of a friend, aunt/uncle or other relative. In the event of the death of a teacher or student in the South Harrison Township District, the Administration shall grant to an appropriate number of teachers sufficient time off to attend the funeral. In the event of great distance being involved, application may be made to the Administration for additional time.
4. Additional Days - Any additional days may be granted at the discretion of the Board or its designated representative. Granted by the Board, said days will be subject to salary deductions for the cost of the substitute teacher.
5. In Addition to Sick Leave - Leaves taken pursuant to Section A above shall be in addition to any sick leave to which the teacher is entitled.
EXTENDED LEAVES OF ABSENCE
A teacher shall notify the Chief School Administrator as soon as she is aware of her pregnancy. Her employment shall continue, prior to birth, for only such time as her physician shall certify in writing to the Administration that she is able to work. The teacher shall give sixty (60) days notice prior to her leaving. A period of one working month (20 school days) immediately preceding delivery of the child and one working month immediately following the birth date shall be the maximum entitlement of sick leave days. There will be no allowance for days during the months of July and August. Otherwise, all compensation under sick leave provisions due the individual employees shall be provided during this period.
B. Child Rearing
A leave of absence without pay of up to two (2) years may be granted for the purpose of child rearing upon the birth or adoption of the child. The first 12 week period of any such leave shall be modeled after the Federal Family and Medical Leave Act or the NJ Family Leave Act. During this 12 week period, medical benefits shall be continued by the Board on the same terms and conditions as it provides such benefits for active employees under the provisions of this agreement. Thereafter, the Board shall have no further obligation to provide the medical benefits.
C. Illness in the Family
A leave of absence without pay of up to one (1) year may be granted for the purpose of caring for a sick member of the teacher’s immediate family. Additional leave may be granted at the discretion of the Board.
All benefits including unused, accumulated sick leave, to which a teacher was entitled at the time his/her leave of absence commenced, shall be restored to him/her upon his/her return. Teachers will return to the school district at the beginning of a new marking period, or at the start of the next school year.
Article 18.E. Extended Leaves of Absence (continued)
E. Extension and Renewals
All requests for extending or renewal of leaves shall be submitted in writing to the Board at least thirty (30) days before the Board meeting, except in the case of explained emergencies.
The Board of Education will post notification of any position with the qualifications, duties and rate of compensation, where applicable. The Board agrees to notify the Association of any change in those positions in advance of the change.
All qualified employees shall be given the opportunity as defined herein to make application and no position shall be filled until all properly submitted applications have been considered.
C. Filling the Position
The Board agrees to give due consideration to the professional background and attainments of all applicants and other relevant factors. In the event that two (2) or more applicants are equally qualified, seniority in the district shall be used to determine the appointment. If there are no applicants, an external search will be made. If the external search fails to produce a qualified candidate, the Administration will assign a qualified staff member in reverse order of seniority, for a period of one school year with the exception of detention monitor. Announcements of appointments shall be made by posting a list in the office of the central administration and in employees lounge. The list shall be given to the Association and shall indicate which positions have been filled and by whom. In the filling of any future openings of additional duties, the Board of Education shall determine the allocation of such position giving consideration to individual qualified persons.
Article 19.D. Extra Responsibilities/Activities (continued)
D. Payment for Extra Responsibilities/Activities
Compensation for specified extra responsibilities/activities shall be as follows:
1. In-School Activities will be paid semi-annually, January 15th and June 15th.
2. Summer Work will be paid on the 30th of each month, and will be reimbursed at:
a. 2002-03 school year-$25.00 per hour
b. 2003-04 school year-$25.00 per hour
c. 2004-05 school year-$25.00 per hour
3. Head Teacher will be paid on an hourly basis at the following rate of
a. 2002-03 school year-$25.00
b. 2003-04 school year-$25.00
c. 2004-05 school year-$25.00
Compensation will be rounded in quarter hour increments for actual
hours worked and will be paid on a monthly basis.
4. Administrative Detention Monitors - $25.00 per hour unless the Chief School Administrator has canceled by the Friday prior to the scheduled detention.
a. 2002-03 school year-$25.00
b. 2003-04 school year-$25.00
c. 2004-05 school year-$25.00
5. Basic Skills Coordinator -
a. 2002-03 school year-$1,013.00
b. 2003-04 school year-$1,013.00
c. 2004-05 school year-$1,013.00
6. Field Trips - $20.00 (02-03); $20.00 (03-04); $20.00 (04-05) per hour beyond the normal work day.
Article 19.D. Extra Responsibilities/Activities (continued)
7. Band Director - $25.00 (02-03); $25.00 (03-04); $25.00 (04-05) per hour.
8. Home Instruction - $25.00 per hour plus mileage.
9. Stokes Trip - $60.00 per night
In the event that the Board mandates any other activities involving teachers beyond the end of the regular work day, the Board and the Association will meet and negotiate compensation.
A. Full Health Care Coverage
The Board of Education has the right to change the carrier during the term of this Agreement as long as the benefits provided by the new carrier are no lower or less than the benefits provided by the previous carrier selected by the Board. The Board of Education has the right to determine the carrier for its health care protection plan.
Effective February 2003 the Board’s obligation to provide health care protection for teachers working twenty (20) hours or more will be to pay 100% of the premium covering the individual teacher and 85% of the premium covering the teacher’s dependents for the Aetna Patriot 5 Plan for the duration of the contract. Teachers who choose the Patriot 10 Plan may do so by paying the difference in applicable premium rates between the Patriot 5 and Patriot 10 plans through payroll deductions
Teachers hired after the 1994-95 school year are subject to contributions for dependent coverage over the capped amount of $143.03 per month on health care costs.
The teacher’s contribution covering dependent coverage and/or the buy-up to Patriot 10 Plan shall be made through an authorized payroll deduction.
ARTICLE 20.B. INSURANCE PROTECTION (continued)
B. Prescription and Dental Coverage
The Board will provide each employee with:
$10/$5 co-pay prescription plan $ 1024.94 – 2002-2003
$ 1024.94 – 2003-2004
$ 1024.94 – 2004-2005
Dental Benefit- $ 443.00 – 2002-2003
$ 443.00 – 2003-2004
$ 443.00 – 2004-2005
PERSONAL AND ACADEMIC FREEDOM
The personal life of a teacher is not an appropriate concern of attention to the Board except as it may directly prevent the teacher from performing properly his/her assigned functions during the work day.
Teachers shall be entitled to full rights of citizenship, and no religious or political activities of any teacher or the lack thereof shall be grounds for any discipline or discrimination with respect to the professional employment of such teacher, providing said activities do not violate any local, state or federal law.
The Board and the Association agree that academic freedom is essential to the fulfillment of the purposes of the South Harrison Township School District, and they acknowledge the fundamental need to protect teachers from any censorship or restraint which might interfere with their obligation to pursue truth in the performance of their teaching functions within the limitation established in this contract, board policy and administrative decision.
ARTICLE 21.D. PERSONAL AND ACADEMIC FREEDOM (continued)
D. Personal Opinion
In performing their teaching functions, teachers shall be guaranteed full freedom in expressing their personal opinions on all matters relevant to the course content, provided however, that when they do so they shall indicate that they are speaking personally and not on behalf of the school, its administration or the Board. The material on which the opinion is expressed must be a written part of the course of study as approved by the Board of Education and the Administration.
DEDUCTION FROM SALARY
A. Association Payroll Dues Deductions
1. The Board agrees to deduct from the salaries of its teachers, dues for the South Harrison Township Education Association, the Gloucester County Education Association, the New Jersey Education Association and the National Education Association as said teacher individually and voluntarily authorizes the Board to deduct. Such deduction shall be made in compliance with Chapter 223, New Jersey Public Laws of 1969 (N.J.S.A. 52:14-15.9e) and under rules established by the State Department of Education. Said monies together with current records of any corrections shall be transmitted to such person as may from time to time be designated by the South Harrison Township Education Association by the fifteenth (15th) of each month following the monthly pay period in which deductions were made.
2. Each of the Associations named above shall certify to the Board, in writing, the current rate of membership dues. Any Association which shall change the rate of its membership dues, shall give the Board written notice prior to the effective date of such change.
3. The Association agrees to protect the Board and save the Board harmless from any and all liability arising out of the Board’s responsibilities under this article once the Board of Education has submitted any monies it deducts under this article to the Association.
ARTICLE 22.B. DEDUCTION FROM SALARY (continued)
B. Local, County, State and National Services
The Board agrees to deduct from teachers’ salaries money for local, county, state and national association services and programs as said teachers individually and voluntarily authorize the Board to deduct and to transmit the monies promptly to the South Harrison Township Education Association Treasurer. An individual teacher withdrawing from the Association shall do so in writing to the Board agreed by such teacher and Association secretary. Any teacher may have such deductions discontinued according to the terms of the unification agreement.
A. Past Practice Clause
The parties agree that for the term of this Agreement, all terms and conditions of employment that are known to both parties and recognized by both parties on the signature date of this Agreement will remain in full force and effect for the term of this Agreement as enumerated below. If either party proposes to change existing terms and conditions of employment, then the only method that can be utilized to change existing terms and conditions of employment is negotiations between the parties which result in a written amendment to this Agreement signed and ratified by both parties.
The parties agree for the term of this Agreement that the terms and conditions of employment as enumerated below will be maintained at their present level without change unless changed through negotiations between the parties which result in a written, signed and ratified amendment to this Agreement. The fringe benefits to remain in effect as follows:
1. Paid professional days, by approval.
2. Employees shall be reimbursed for workshops attended, by approval.
3. Part-time employees shall receive pro-rated benefits.
4. Part-time employees who work five (5) days get ten (10) of their days as sick leave and two (2) of their days as personal leave unless it is increased in the contract.
ARTICLE 23.A. MISCELLANEOUS PROVISIONS (continued)
5. In the case of an early dismissal due to an emergency or inclement weather closing, teachers shall leave with the students unless a scheduled duty is to be performed.
If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held to be contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect.
C. Compliance Between Individual Contract and Master Agreement
Any individual contract between the Board and an individual teacher, in this bargaining unit, heretofore or hereafter executed, shall be subject to and consistent with the terms and conditions of this Agreement. If an individual contract contains any language inconsistent with this Agreement, this Agreement, during its duration, shall be controlling.
D. Employees under Article 1A working less than full-time shall receive pro-rated benefits except as noted in Article 20A.
Whenever any notice is required to be given by either of the parties of this Agreement to the other, pursuant to the provision(s) of this Agreement, either party shall do so by telegram or registered letter at the following addresses by certified receipt letter or hand delivered with a signed receipt:
1. If by Association, to Board at:
South Harrison Township School
904 Mullica Hill Road/P.O. Box 112
Harrisonville, NJ 08039-0112
2. If by Board, to Association at:
South Harrison Township School
904 Mullica Hill Road/P.O. Box 112
Harrisonville, NJ 08039-0112
A. The Board hereby retains and reserves unto itself, limited by the specific provisions of this Agreement, all powers, rights authority, duties and responsibilities conferred upon and vested in it by the laws and Constitution of the State of New Jersey and of the United States. Included, but without limiting the generality of the foregoing, the following rights:
1. To hire, promote, transfer, assign and retain employees in positions within the school district, and for just cause to suspend, demote, discharge, or take disciplinary action against employees.
2. To abolish any such position for reasons of economy or because of reduction in the number of pupils or of change in the administrative or supervisory organization of the district or for other good cause (18A:28-9).
3. To maintain the efficiency of the school district operation entrusted to them.
4. To determine the means by which such operations are to be conducted.
5. To take whatever actions may be necessary to carry out the mission of the school district in situations of emergency. The rights of the Board shall include, but not be limited to, the provisions set forth in this paragraph.
6. To determine number of employees.
7. To determine staffing patterns and areas worked; to control and regulate the use of facilities, supplies, equipment, materials, and other property of the Board.
8. To make or change Board rules, regulations, policies, and practices consistent with the specific terms and provisions of this Agreement.
B. In recognition of the rulings of the courts of New Jersey, the parties recognize that the exercise of managerial rights is a responsibility of the Board on behalf of the taxpayers and that the Board cannot bargain away or eliminate any of its managerial rights.
A. The Board and the Association agree that during the term of this contract, neither will engage in any form of stoppage or reduction of educational activities as concerted action, or withhold or diminish work or services, and that they will move promptly to discourage and terminate such actions should they occur.
B. The Association agrees that it will discourage any strike, work stoppage, slow down or other such activity aforementioned during the term of this contract.
A compensation rate of $0.25 (02-03); $0.25 (03-04); $0.25 (04-05) per mile shall be paid to teachers for the use of personal vehicles, when required by the administration, on school business or to attend professional improvement workshops which were granted prior approval by the Administration.
When reporting to any site in the constituency other than South Harrison, mileage will be paid minus a deduction for the regular commuting miles.
SALARY INCREASE WITHHOLDING
The Board of Education has the right in accordance with Title 18A to withhold any salary increase in whole or in part on an annual basis. Increases are received on a year-to-year basis and may be withheld in accordance with the above at the discretion of the Board.
A. Reporting Teacher Absences
If a teacher becomes unavailable for work during the night or before school begins, he/she shall report to the School Administrator or his/her designee before 6:45 AM on the day of the absence. Employees who fail to comply with this article may be subject to administrative disciplinary proceedings upon an administrative examination of individual prior compliance with this section of the agreement and other relevant factors related to the violation of this section.
LATENESS AND EARLY DEPARTURE
1. Teachers will indicate their arrival and departure from school by signing their initials and the actual time of arrival and departure in the Faculty Sign-In Roster.
2. After three (3) incidents of unexcused lateness, i.e., arriving at school more than five (5) minutes after the specified arrival time, a teacher shall forfeit 1/400th of their annual salary for each additional incident of unexcused lateness. Each incident of unexcused lateness will be recorded and a letter indicating the date of the unexcused lateness and the number of accumulated, unexcused latenesses will be given to the teacher within two (2) school days from the date of occurrence in order to provide the teacher with fair notice and an opportunity to correct the problem.
3. If a teacher is going to be late, the teacher shall notify the Chief School Administrator or his/her designee as soon as possible, but no later than the teacher’s reporting time, so that coverage can be arranged. If a teacher, who is late, fails to notify the Chief School Administrator or his/her designee and as a result, a substitute is called, then the teacher shall forfeit 1/400th of their annual salary. However, in cases of unforeseeable emergencies, i.e., an automobile breakdown enroute to school, and the teacher comes to school and performs their assigned duties, then only the cost of the substitute’s salary will be deducted from the teacher’s salary.
DURATION OF AGREEMENT
This Agreement shall become effective the 1st day of July, 2002, and shall continue in full force and effect until the 30th day of June, 2005.
IN WITNESS WHEREOF, the parties have set forth their signatures below:
SOUTH HARRISON TOWNSHIP SOUTH HARRISON TOWNSHIP
EDUCATION ASSOCIATION BOARD OF EDUCATION
TEACHER SALARY ADJUSTMENTS
1. Additional salary adjustments for New Jersey State approved or recognized educational credits shall be made on September 1st of each year following receipt by the Chief School Administrator of the official transcript showing credits or degree earned. The following additional amounts shall be added to the teachers’ base salary:
BA + 10 $550 (total $550 above ND)
BA + 15 $1,100 (total $1,100 above ND)
BA + 20 $1,650 (total $1,650 above ND)
BA + 30 $2,200 (total $2,200 above ND)
MA $2,750 (total $2,750 above ND)
2. Longevity allowance for additional years of service in the South Harrison Township School System shall be:
13 years service: $200 additional
18 years service: $200 additional
3. For the purpose of determining salary level, part-time salaried permanently employed certificated teachers shall receive a salary, salary adjustment and salary addition pro-rated in accordance with actual time worked. Pro-ration shall be based on amounts received by full-time salaried teachers.
4. Salary Guide
Refer to Article 10.A.2. Credit for Experience.
5. Steps on the guide do not necessarily reflect years of experience in the district. The Years of Experience column is for the initial placement on the Salary Guide. After initial placement, staff members will move through the Salary Guide steps.
Step BA BA+10 BA+15 BA+20 BA+30 MA
1 32562 33112 33662 34212 34762 35312
2 32601 33151 33701 34251 34801 35351
3 33180 33730 34280 34830 35380 35930
4 33760 34310 34860 35410 35960 36510
5 34340 34890 35440 35990 36540 37090
6 34920 35470 36020 36570 37120 37670
7 35496 36046 36596 37146 37696 38246
8 36071 36621 37171 37721 38271 38821
9 36642 37192 37742 38292 38842 39392
10 37209 37759 38309 38859 39409 39959
11 37773 38323 38873 39423 39973 40523
12 39184 39734 40284 40834 41384 41934
13 40705 41255 41805 42355 42905 43455
14 42232 42782 43332 43882 44432 44982
14A 43758 44308 44858 45408 45958 46508
14B 45334 45884 46434 46984 47534 48084
15 46910 47460 48010 48560 49110 49660
15A 49757 50307 50857 51407 51957 52507
16 53766 54316 54866 55416 55966 56516
Step BA BA+10 BA+15 BA+20 BA+30 MA
1 33786 34336 34886 35436 35986 36536
2 33826 34376 34926 35476 36026 36576
3 34428 34978 35528 36078 36628 37178
4 35030 35580 36130 36680 37230 37780
5 35631 36181 36731 37281 37831 38381
6 36233 36783 37333 37883 38433 38983
7 36831 37381 37931 38481 39031 39581
8 37427 37977 38527 39077 39627 40177
9 38020 38570 39120 39670 40220 40770
10 38608 39158 39708 40258 40808 41358
11 39193 39743 40293 40843 41393 41943
12 40657 41207 41757 42307 42857 43407
13 42236 42786 43336 43886 44436 44986
14 43819 44369 44919 45469 46019 46569
14A 45403 45953 46503 47053 47603 48153
14B 47039 47589 48139 48689 49239 49789
15 48674 49224 49774 50324 50874 51424
15A 51628 52178 52728 53278 53828 54378
16 54766 55316 55866 56416 56966 57516
Step BA BA+10 BA+15 BA+20 BA+30 MA
1-2 35890 36440 36990 37540 38090 38640
3 36528 37078 37628 38178 38728 39278
4 37167 37717 38267 38817 39367 39917
5 37805 38355 38905 39455 40005 40555
6 38443 38993 39543 40093 40643 41193
7 39078 39628 40178 40728 41278 41828
8 39710 40260 40810 41360 41910 42460
9 40339 40889 41439 41989 42539 43089
10 40964 41514 42064 42614 43164 43714
11 41584 42134 42684 43234 43784 44334
12 43138 43688 44238 44788 45338 45888
13 44812 45362 45912 46462 47012 47562
14 46492 47042 47592 48142 48692 49242
14A 48173 48723 49273 49823 50373 50923
14B 49908 50458 51008 51558 52108 52658
15 51643 52193 52743 53293 53843 54393
15A 53379 53929 54479 55029 55579 56129
15B 55174 55724 56274 56824 57374 57924
16 56500 57050 57600 58150 58700 59250
South Harrison Teachers Salary Guides
2001-2002 2002-2003 2003-2004 2004-2005
Step Step Step Step
1 >> 1-2
1 >> 2 >> 3
1 >> 2 >> 3 >> 4
2 >> 3 >> 4 >> 5
3 >> 4 >> 5 >> 6
4 >> 5 >> 6 >> 7
5 >> 6 >> 7 >> 8
6 >> 7 >> 8 >> 9
7 >> 8 >> 9 >> 10
8 >> 9 >> 10 >> 11
9 >> 10 >> 11 >> 12
10 >> 11 >> 12 >> 13
11 >> 12 >> 13 >> 14
12 >> 13 >> 14 >> 14A
13 >> 14 >> 14A>> 14B
14 >> 14A>> 14B>> 15
14A 14B>> 15 >> 15A
14B 15 >> 15A>> 15B
15 >> 15A>> 16 >> 16
15A>> 16 >> 16 >> 16
16 >> 16 >> 16 >> 16
- 40 -
SOUTH HARRISON TOWNSHIP SCHOOL DISTRICT
STATEMENT OF GRIEVANCE
GRIEVER DATE OF OCCURRENCE
CONTRACT PROVISION(S) VIOLATED
ACTION BEING GRIEVED:
LEVEL ONE: DISCUSSION WITH CHIEF SCHOOL ADMINISTRATOR
LEVEL TWO: DATE SUBMITTED: BY:
DISSATISFACTION WITH DECISION AT LEVEL TWO:
DECISION OF CHIEF SCHOOL ADMINISTRATOR
GRIEVANCE FORM Page 2
LEVEL THREE: DATE SUBMITTED: BY:
DISSATISFACTION WITH DECISION AT LEVEL TWO:
DECISION OF THE BOARD OF EDUCATION:
LEVEL FOUR: IT IS THE INTENTION OF THE ASSOCIATION TO SUBMIT THIS GRIEVANCE TO ARBITRATION UNDER THE PROVISIONS OF THE CURRENT CONTRACT.